119 Ga. 96 | Ga. | 1903
This was an action by a physician to recover for professional services rendered to the defendant and other mem-' bers of his family, who were afflicted with small-pox. The jury returned a verdict in favor of the defendant, and the plaintiff complains because the court refused to grant him a new trial. Taking the evidence most strongly against the plaintiff and most favorably for the defendant, which we are required to do at this stage of the case, it appeared that the defendant and other members of his family were afflicted with small-pox in the city of Gainesville; that the city authorities caused his house to be quar
This is the case taken most favorably for the defendant. Of course there was evidence to the contrary and which would have authorized a finding for the plaintiff. Unless some error of law has been committed, we will not reverse the judgment of the trial judge refusing to grant a new trial. Complaint is made that the court failed to give in charge to the jury sections 1472-1474 of the Political Code, where it is provided that when smallpox has appeared in any city, the city authorities are empowered to provide a suitable hospital for those afflicted with the disease and to furnish them with medical and other attention; and also authorizing the city authorities to provide quarantine regulations to prevent the spread of the disease, but not to require any person to leave his home and go to the hospital when he is properly provided for and quarantined elsewhere at his own expense; the act providing that the city shall not pay the expenses of any person so situated. The provision that the city shall not pay the expenses of a person quarantined and provided for at his own home is applicable only in cases where a suitable hospital has been provided, and the person afflicted has been given an opportunity to be carried there and has insisted upon being treated at home. Even admitting that a suitable hospital had been provided, there was no evidence that the city authorities ever offered or attempted to carry the defendant or any members of his family to the hospital, or that he refused to take the benefit of the hospital so provided. In fact, the evidence for the defendant authorized a finding, that,
Judgment on main bill of exceptions affirmed; cross-bill dismissed.